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Disposition of civil action This thesis deals with the procedural acts that a plaintiff may use to dispose of their civil action. The plaintiff may exercise dispositive powers by defining the factual basis or the cause of action. These instruments include the withdrawal of the action and the amendment of the action. Furthermore, the plaintiff may dispose of their action through a change in the parties to the proceedings. Such includes the intervention ofa party to the proceedings, substitution of parties, and procedural succession by singular succession. The plaintiff is considered the master of the proceedings. Under certain conditions, however, the legislation provides the defendant with a right of disposal. Such allows the defendant to assert their claim against the plaintiff through a counterclaim. The first part of the thesis deals with the general concept of the action and defines its mandatory elements and its different types. At the same time, the first part focuses on the dispositive principle, indivisibly linked to the topic of this thesis. The second part of the thesis deals with the individual dispositive acts by which the plaintiff and, under certain conditions, the defendant may dispose of the subject matter of the proceedings. These dispositive acts include withdrawal of the action,... |
